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6. To my mind, if the judgments of this Court, the Apex Court, as also of Courts in other jurisdictions, commentaries on the subject and the ratio of those judgments on maritime lien, are taken into consideration as to what amounts to a maritime lien, it is no longer res integra. The Apex Court to say has concluded the issue by the judgment in the case of Epoch Enterreports v. M.V. Won Fu . My attention was also invited to various conventions, on maritime claims, including International Convention on Arrest of Ships, 1999. That convention, it is pointed out can now be effected by Municipal Courts in this country at least within the jurisdiction of this Court, considering the judgment of the Division Bench of this Court in M. V. "See Success I" v. Liverpool and London Steamship Protection and Indemnity Association Ltd. reported in AIR 2002 Bombay 151. Though the convention has not been ratified nor is India a signatory a Division Bench of this Court took note of the same in the case of Islamic Republic of Iran v. M. V. Mehrab holding that the 1999 Convention could be enforced. Reliance for that is based on the nature of admiralty jurisdiction exercised by Adrhiralty Courts in this country and relying on the judgment in case of M.V. Elizabeth v. Harwan Investment & Trading Pvt. Ltd. Goa, .

In M. V. Won Fu (supra) after considering the maritime liens on para 19 this is what the Apex Court has stated;--

"We have in this Judgment hereinbefore dealt with the attributes of maritime lien. But simply stated maritime Hen can be said to exist or restricted to in the event of (a) damage done by a ship;
(h) Salvage, (c) sea-men and master's wages; (d) master's disbursement, and (e) bottomry and in the event a maritime lien exists in the aforesaid five circumstances, a right in rem is said to exist. Otherwise, a right in personam exists for any claim that may arise out of a contract."

In the judgment in M. V. Won Fu (supra) there is extensive discussion of what would constitute a maritime Hen, it can be said, that the law as set out in para 19 of the judgment of Apex Court in M. V. Won Fu. can be said to be law in respect of maritime lien which can be enforced by municipal Courts in this country, even though, there is no Municipal Law to that effect, what is a maritime lien and its characteristics may be set out.

Thomas on Maritime Lien, has set out fundamental legal characteristics of a maritime Hen as under :--